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Loan No: 426380072051 <br />DEED OF TRUST 200315874 Page 6 <br />(Continued) <br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including <br />without limitation a guaranty of all or part of the Note. <br />Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or <br />physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment <br />when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words <br />"Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic <br />substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also <br />includes, without limitation, petroleum and petroleum by- products or any fraction thereof and asbestos. <br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on <br />the Real Property, facilities, additions, replacements and other construction on the Real Property. <br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note <br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note <br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by <br />Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this <br />Deed of Trust. <br />Lender. The word "Lender" means Bank One, NA , its successors and assigns. The words "successors or assigns" mean any person <br />or company that acquires any interest in the Note. <br />Note. The word "Note" means the promissory note dated September 8, 2003, in the original principal amount Of <br />$106,739.97 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations <br />of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is September 15, 2033. <br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or <br />hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and <br />additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without <br />limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. <br />Property. The word "Property" means collectively the Real Property and the Personal Property. <br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. <br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental <br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other <br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. <br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived <br />from the Property. <br />Trustee. The word "Trustee" means Stewart Title Guaranty Company of Nebraska, whose address is 1220 Washington, Suite 100, <br />Kansas City, MO 64105 and any substitute or successor trustees. <br />Trustor. The word " Trustor" means DANIEL R GARNER and AMY M GARNER. <br />EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH TRUSTOR AGREES TO <br />ITS TERMS. <br />TRUSTOR: <br />X 0,,,�j � <br />DANIEL R GARNER, Individually <br />X N� A Aa��� <br />M GARN Individually <br />INDIVIDUAL ACKNOWLEDGMENT <br />STATE OF <br />COUNTY OF ►}�yj`- l/r 1 SS 1 <br />On this day before me, the undersigned Notary Public, personally appeared DANIEL R GARNER and AMY M GARNER, to me known to be <br />the individuals described in and who executed the Deed of Trust, and acknowledged that they signed the Deed of Trust as their free and <br />voluntary act and deed, for the uses and purposes tthJerrein mentioned. / \ <br />Given under my hand and official seal this 9 ' d`-� �'n� C 20 i <br />9Z NOTAM40 � <br />OKS <br />MCN,t,1► /►. B� � <br />Mfl Coeur EV. NK »' <br />Notary Publi i and for St at of <br />Residing <br />My commission expires <br />